First Carolina's Joint-Stock Land Bank, Inc. v. Stewart
Cases that cite this one
5 later published cases cite this decision.
- Parrish v. . R. R. (N.C. 1942)
- Parrish v. Atlantic Coast Line Railroad (N.C. 1942)
- Thompson v. Pilot Life Insurance (N.C. 1951)
- Federal Land Bank of Columbia v. Robertson (N.C. 1936)
- Morton v. Commissioner (United States Board of Tax Appeals 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The matters contained in the allegations in the further answer of the defendants, which were stricken out, on the motion of the plaintiff, do not constitute a defense to the cause of action alleged in the complaint. They are, therefore, immaterial and irrelevant, and were *140 properly stricken from tbe answer. C. S., 537. They were material and relevant only on the motion to confirm the sale of the land conveyed by the deed of trust, which was duly reported to the clerk of the Superior Court of Beaufort County, and confirmed by him. O. S., 2591. This sale is not subject to collateral attack in this action.
It would seem from the allegations in their answer that the defendants were dealt with harshly by the plaintiff, but the Court is without power to give them relief in this action. The plaintiff does not in this action invoke the equitable powers of the Court. It is content to have only its legal remedy. The order must be
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.